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BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 42
Transfer of licences
42. Section 89A of the Principal Act is amended-
(a) by omitting sub-section (1B);
(b) by inserting in paragraph (1D) (c) "in the case of a licence other
than
a remote licence," before " it appears";
(c) by omitting from sub-sub-paragraph (1D) (c) (i) (B) "effectively to
operate the relevant broadcasting station or television station, as
the case may be" and substituting "to provide an adequate and
comprehensive service pursuant to the licence or, in the case of a
re-broadcasting licence or a re-transmission licence, to provide the
service to which the licence relates";
(d) by omitting sub-sub-paragraphs (1D) (c) (ii) (A) and (B) and
substituting the following sub-sub-paragraphs:
"(A) the licence is a commercial licence whose service area is not a
metropolitan service area; and
(B) the service area of the licence overlaps the service area
of one or more licences of a kind to which
sub-sub-paragraph (A) applies,";
(e) by omitting from sub-paragraph (1D) (c) (ii) "or" (last occurring);
(f) by inserting after paragraph (1D) (c) the following paragraph:
"(ca) where the licence is a remote licence, it appears to the Tribunal,
having regard to the following matters or circumstances, that it is advisable
in the public interest to refuse consent:
(i) it is not satisfied that the person-
(A) is a fit and proper person to hold the licence;
(B) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive
service pursuant to the licence; and
(C) is otherwise capable of complying with the conditions of
the licence;
(ii) subject to the desirability of ensuring that, in all parts of
Australia, there are available at least one service provided
pursuant to a commercial radio licence or remote radio licence
and one service provided pursuant to a commercial
television licence or remote television licence, the need to
avoid an undue concentration of the ownership or control,
direct or indirect, of the media in the service area of the
licence;
(iii) the likelihood that, if the Tribunal gave consent, a person
would, in relation to the licence or the holder of the licence,
contravene an order of the Tribunal made for the purposes of
section 92V;
(iv) any relevant government policy statements;
(v) any matters prescribed by regulations for the purposes of this
paragraph;
(vi) any other matters or circumstances that the Tribunal considers
relevant; or";
(g) by inserting after sub-section (1D) the following sub-section:
"(1DA) The reference in paragraph (1D) (ca) to the media in the service area
of a licence includes a reference to-
(a) newspapers, journals and the like available in that service area; and
(b) any broadcasting service provided pursuant to another licence having a
service area that overlaps the service area of the licence.";
(h) by omitting from sub-section (1F) all the words from and including
"licence for a commercial" to the end of the sub-section and substituting
"commercial radio licence or a commercial television licence, as the case
requires, and the whole or a substantial part of the service area of that
commercial licence is coextensive with the whole or a substantial part of the
service area of the supplementary licence."; and
(j) by inserting in sub-section (5) "a remote licence or" after "relation to".
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